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FAIN v. DUFF

No. 73-1933.

488 F.2d 218 (1973)

Roger FAIN, Petitioner-Appellee, v. Ed DUFF, etc., Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 1, 1974.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Raymond L. Marky, Asst. Atty. Gen., Tallahassee, Fla., John W. Tanner, Asst. State Atty., 7th Judicial Circuit of Fla., Daytona Beach, Fla., for respondent-appellee.

Philip H. Elliott, Jr., Daytona Beach, Fla., Thomas A. Goldsmith, San Francisco, Cal., for petitioner-appellee.

Before GEWIN, AINSWORTH and MORGAN, Circuit Judges.

Rehearing En Banc Denied March 1, 1974.

LEWIS R. MORGAN, Circuit Judge:

Sixteen-year-old Roger Fain was arrested November 12, 1970, in Volusia County, Florida, for breaking into the home of a woman and raping her. Eleven days later Fain was adjudged delinquent by a juvenile court. Nine days after the juvenile proceedings, a grand jury returned an indictment charging Fain with the criminal offense of rape. After the state courts of Florida rejected Fain's argument...

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